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BASS PRO TRADEMARKS, L.L.C. v. CABELA'S, INC.

No. 2006-1276.

485 F.3d 1364 (2007)

BASS PRO TRADEMARKS, L.L.C., Plaintiff-Appellee, v. CABELA'S, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 6, 2007.

Attorney(s) appearing for the Case

JoAnn T. Sandifer, Husch & Eppenberger, LLC, of St. Louis, MO, argued for plaintiff-appellee.

Thomas I. Ross, Marshall, Gerstein & Borun LLP, of Chicago, IL, argued for defendant-appellant. With him on the brief was Matthew C. Nielsen.

Before CLEVENGER, Senior Circuit Judge, NEWMAN and DYK, Circuit Judges.

NEWMAN, Circuit Judge.

Cabela's, Inc. appeals the judgment of the United States District Court for the Western District of Missouri,1 holding Cabela's in civil contempt for violation of a settlement agreement and Consent Judgment resulting from a previous patent infringement suit. We conclude that Cabela's redesigned device could not reasonably be found to literally infringe the subject patent. We vacate the contempt order and accompanying...

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